Heard the learned counsel for  the appellant.

2.              This   appeal is   filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                  The unfolded story   of the complainant is that  the complainant   is permanently and totally disabled  daughter of late Bhagirathi Majhi who was E.P.F. Member and pension holder   under EPS’95 from 07.05.1998 to 22.01.2001. It is alleged by the complainant that  he was getting  monthly children pension @ 162/- per month  from 23.01.2001 after her father’s death at the age of 19 years  but on 14.02.2006  the OP stopped the monthly pension  on the ground that she has completed  the age of 25 years as on 14.02.2006.  It is alleged by the complainant that even after completion of 25 years she is eligible  to get the disabled  pension @ 162/- per month under  para  16-3(e) of the E.P.S. 95. It is alleged that   the mother of the complainant represented  to OP No.1 to  continue  the payment of children pension to the complainant and also submitted the disability certificate  dtd.13.02.2006 of the District Medical Board, wherein it has been indicated that she has  60 % disability and eligible for grant of the disable children pension. Since, her prayer is not accepted, she filed the complaint.

4.              The OP   filed written version stating that the petition is not maintainable and the complainant could not prove that she has got total     and permanent disability  as same has not  been mentioned  in the medical certificate issued by the Medical Board in favour of the complainant. They averred that  the case of the complainant already referred to   the EPF office where it is mentioned that if the children have  100% disability, her case can be considered  on receipt  of medical certificate. Since, the complainant has no such certificate, she was not allowed to avail such children pension. Therefore, they have no any deficiency  in service on their part.

5.        After hearing  both the parties, learned
District Forum   has passed the following order:-

                      Xxxx         xxxxx           xxxxxxx

                       “In the result we direct the Op No.1 to pay  monthly  children pension @ 162/- per month to the complainant within one month of receipt of this order. No costs.”

6.               Learned counsel for the appellant submitted that  learned District Forum has committed error in law by not going through the written version filed by the OP with proper perspectives. It is also submitted that the certificate only shows that she is unfit for employment due to left side lower limbs paralysed and as such  she is not entitled to get the disabled children pension under para-16(3) (e)  covered under the Act.  He further submitted to set-aside the impugned order by allowing the appeal.  

7.               Considered the submission of learned counsel for the  appellant,  perused the DFR and impugned order .

8.                It is admitted fact that the complainant is the daughter of  Bhagirathi one employee who  is dead but a member under the EPF Scheme. It is also not in dispute that after the death of the father of the complainant she was availing  the children pension while she was 19 years old   but  OP stopped payment  of children’s pension from 14.02.2006.  She was availing the children  pension  till 25 years  of age, but after 25 years  the children pension was stopped as per the provision  at para 16(3)(e) of  EPS’1995.Para 16(3)(e) of EPF 1995 is as follows:-

                 “ If a member dies leaving behind a family having son or daughter who is permanently and  totally disabvled suchy son or daughter shall be entitled to payment of monthly children pension or orphan pension, as the case maybe, irrespective of age and number of children in the family in addition to the pension provided under Cl.(d).”

  Now the question arises  whether she is eligible to avail such type of children disable  pension. Total and    permanent disability of complainant has been denied by the OP under the EPF Scheme,1995. But the Medical Board certificate dtd.07.06,.2002  of complainant  shows that the complainant is a permanently  disabled for  50 % at her left lower limb.  She is unfit for any  employment due to paralysis to the  left side lower limbs.  When it is a permanent disability upto  50 % or more as Medical Board. we must   treat same as permanent and total disability  because   left low lower limb is not functioning ,total 50 %  means it has handicapped her to function in any manner. The OP should not be technical to discard her case. Therefore, we are of view that the children pension under para 16(3)(e) should be available to the complainant.

9.                In view of aforesaid circumstance, we agree with the finding of the learned  District Forum  and do not find  any reason to the finding of the learned District Forum and hence it is confirmed. The impugned  order should be complied within 45 days from   today being assured by the learned counsel for the appellant.

                         Appeal is disposed of accordingly. No cost.

                           Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.   

                              DFR be sent back forthwith.